DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ultegra Pty Limited
(AG2018/6805)

UEA ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 14 MAY 2019

Application for approval of the UEA Electrical Pty Ltd Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Ultegra Pty Limited (the applicant) for the approval of an enterprise agreement known as the UEA Electrical Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding pay rates for apprentices and trainees, ordinary hours of work, overtime rates, casual conversion and payment of accrued but untaken annual leave upon termination. A copy of the undertakings is attached at the end of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 10.10 – Abandonment of Employment – Notice of termination not provided at the employer’s initiative;

[5] However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 30 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the UEA Electrical Pty Ltd Enterprise Agreement 2018. Ultegra Pty Limited, the employer, sought approval of the agreement which had been negotiated with the Electrical Trade Union of Australia. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and provided for the appropriate terms and conditions of employment for the employees covered by the agreement.

The legal issues that the Commission had to address included whether the agreement satisfied the 'better off overall test', which requires that employees be no worse off financially and, in some cases, better off overall. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and the protection of employees' rights. Additionally, the Commission examined whether the agreement contained terms that were contrary to public policy or which failed to meet minimum workplace entitlements.

In reaching its decision, the Commission found that the agreement met the better off overall test. The Commission concluded that the agreement provided for adequate pay rates and conditions, as well as appropriate mechanisms for dispute resolution. The Commission also found that the agreement did not contain any terms that were contrary to public policy or which failed to meet minimum workplace entitlements. Based on these findings, the Commission approved the agreement, subject to certain minor amendments to ensure compliance with the Act. The employer was ordered to implement the agreement as approved by the Commission.

Ultegra Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established